Making a Mountain Out of a Molehill? Marbury and the Construction of the Constitutional Canon

31 Pages Posted: 13 Feb 2012  

Keith E. Whittington

Princeton University - Department of Political Science

Amanda Rinderle

affiliation not provided to SSRN

Date Written: February 10, 2012

Abstract

How important was Marbury v. Madison in American constitutional history? This article examines judicial, legislative and executive citations and legal commentary to show that Marbury did not enter the constitutional canon as the fountainhead of judicial review until the turn of the twentieth century. In doing so, it reveals the process by which historical memories are constructed and adds to our understanding about the diverse sources of judicial review in the early republic and the rhetoric of judicial authority.

Keywords: Marbury, John Marshall, judicial review, constitutional canon, citations

Suggested Citation

Whittington, Keith E. and Rinderle, Amanda, Making a Mountain Out of a Molehill? Marbury and the Construction of the Constitutional Canon (February 10, 2012). Hastings Constitutional Law Quarterly, Forthcoming. Available at SSRN: https://ssrn.com/abstract=2003083

Keith E. Whittington (Contact Author)

Princeton University - Department of Political Science ( email )

Corwin Hall
Princeton, NJ 08544-1012
United States
609-258-3453 (Phone)
609-258-1110 (Fax)

HOME PAGE: http://www.princeton.edu/~kewhitt/

Amanda Rinderle

affiliation not provided to SSRN

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